How to Get Married in South Dakota (2026)
Reviewed by DocDraft Legal Team · South Dakota · Last updated 2026-05-18
A South Dakota marriage is governed by South Dakota statute, not a generic national process. Between license issuance and the ceremony itself, the rule is: None. The license validity window is: 90 days. The state's common-law-marriage rule: Not recognized unless the marriage was consented to and subsequently consummated prior to July 1, 1959. Below are the South Dakota license requirements, supporting documents, and the officiant rules that control whether the ceremony is legally complete.
Key Considerations
Once the license clears, two more South Dakota rules govern whether the marriage is legally formed. Common-law recognition: Not recognized unless the marriage was consented to and subsequently consummated prior to July 1, 1959. Authorized officiants: Marriage may be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages. Couples eloping in South Dakota or using an out-of-state officiant should confirm both before the ceremony.
South Dakota also imposes timing rules on either side of license issuance. The waiting period (if any) controls how soon after the license is issued the ceremony can lawfully occur: None. See the state agency website. The validity window controls how long the license remains good: 90 days. Couples should calendar both dates against the planned ceremony date.
Two of the first questions any South Dakota couple asks about a wedding are what the marriage license costs and who is old enough to apply. On the fee side, 40. See the state agency website. On the age side, If either applicant for a marriage license is between the age of sixteen and eighteen, that applicant shall submit to the register of deeds a notarized statement of consent to marry from one parent or legal guardian of the applicant. Confirm both with the issuing office before scheduling the ceremony.
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Relevant Documents
Documents commonly produced at a South Dakota marriage-license appointment: the marriage-license application form, identification for each applicant, and (where relevant) the certificate of completion of an approved premarital preparation course. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Payment of the marriage-license fee is handled at the counter when the South Dakota application is filed.
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements
In South Dakota, couples must obtain a marriage license before getting married. Both parties must appear in person at a county Register of Deeds office. There is no waiting period after receiving the license, and the license is valid for 20 days after issuance. The fee is typically $40, but varies by county.
Age Requirements
In South Dakota, the minimum age to marry is 18 years. Individuals who are 16 or 17 years old may marry with parental/guardian consent. Anyone under 16 cannot legally marry in South Dakota.
Blood Test and Health Examination
South Dakota does not require blood tests or health examinations for marriage licenses, unlike some other states.
Residency Requirements
South Dakota does not have residency requirements for marriage. Non-residents can obtain a marriage license and get married in the state.
Solemnization Requirements
South Dakota law recognizes marriages performed by judges, magistrates, justices of the peace, and ordained ministers or priests. The person performing the ceremony must complete the marriage certificate and return it to the county Register of Deeds within 10 days of the ceremony.
Prohibited Marriages
South Dakota prohibits marriages between close relatives (siblings, parent-child, etc.). The state also does not recognize common law marriages formed within the state after July 1, 1959, though it may recognize valid common law marriages from other states.
Name Change After Marriage
While not required, individuals who wish to change their name after marriage can do so using their marriage certificate as legal documentation. This applies to driver's licenses, Social Security cards, passports, and other official documents.
Regional Variances
County Marriage License Requirements in South Dakota
As the most populous county in South Dakota, Minnehaha County (where Sioux Falls is located) requires both parties to appear in person at the Register of Deeds office. The marriage license fee is $40, and there is no waiting period. The license is valid for 20 days after issuance.
In Pennington County (where Rapid City is located), couples must apply in person at the Register of Deeds office. The fee is $40, and the license is valid for 20 days. They specifically require government-issued photo ID and proof of social security number.
Brown County requires both applicants to appear in person with valid ID. The fee is $40, and there is no waiting period. If either party was previously married, proof of how the marriage ended (divorce decree or death certificate) must be provided.
In Lawrence County (which includes Deadwood, a popular wedding destination), marriage licenses cost $40 and are valid for 20 days. The county specifically notes that no blood tests or physical examinations are required, which differs from some historical requirements.
For marriages on tribal lands within South Dakota (such as Pine Ridge, Rosebud, or Standing Rock Reservations), tribal laws may apply in addition to or instead of state laws. Couples should check with the specific tribal court or government office, as requirements and procedures may differ from state regulations.
City-Specific Marriage Regulations in South Dakota
Sioux Falls has specific regulations for outdoor wedding venues in public parks. A special event permit may be required for weddings in Falls Park or other city parks, which must be obtained at least 14 days in advance through the Parks and Recreation Department.
Rapid City requires permits for weddings held in public spaces such as Dinosaur Park or Canyon Lake Park. For ceremonies at Chapel in the Hills, a popular wedding venue, reservations must be made well in advance as they only perform ceremonies from May through September.
Deadwood, known for its historic wedding chapels, has specific regulations for historic district weddings. If planning a wedding in a historic building, additional permits may be required from the Historic Preservation Commission.
For weddings near Custer or in Custer State Park, special permits are required for ceremonies in the park. These must be obtained through the South Dakota Game, Fish and Parks Department, and certain locations like Sylvan Lake require reservations up to a year in advance.
Suggested Compliance Checklist
Submit the South Dakota marriage-license application in person at the issuing clerk's office
Before the ceremony days after starting40. Identification requirements typically include a current government-issued photo ID; some clerks also ask for a birth certificate or certified copy of any divorce decree.
Have identification and prior-marriage paperwork ready when filing the application
Before the ceremony days after startingStandard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married.
Account for the post-license waiting period when picking a ceremony date
Before the ceremony days after startingNone. The waiting period (where the state imposes one) runs from the license issuance date, so the application timing has to be worked backward from the planned ceremony date.
If a premarital-course discount applies, complete an approved course before applying
Before applying days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable. Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing.
Verify how long the license is good for and align the ceremony date inside that window
Before the ceremony days after starting90 days. A late ceremony is not a curable defect; the parties would have to start the application process over.
Solemnize the marriage with an officiant the state recognizes
At the ceremony days after startingMarriage may be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages. Verifying the officiant's authority in advance is important because a defective solemnization is one of the few errors the marriage code does not always cure retroactively.
Return the signed marriage license to the issuing office
After the ceremony days after startingThe officiant typically signs the license at the ceremony and returns it to the clerk within the statutory return window; the clerk then records the marriage and issues the certified marriage certificate.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Submit the South Dakota marriage-license application in person at the issuing clerk's office | 40. Identification requirements typically include a current government-issued photo ID; some clerks also ask for a birth certificate or certified copy of any divorce decree. | - | Before the ceremony |
| Have identification and prior-marriage paperwork ready when filing the application | Standard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married. | - | Before the ceremony |
| Account for the post-license waiting period when picking a ceremony date | None. The waiting period (where the state imposes one) runs from the license issuance date, so the application timing has to be worked backward from the planned ceremony date. | - | Before the ceremony |
| If a premarital-course discount applies, complete an approved course before applying | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing. | - | Before applying |
| Verify how long the license is good for and align the ceremony date inside that window | 90 days. A late ceremony is not a curable defect; the parties would have to start the application process over. | - | Before the ceremony |
| Solemnize the marriage with an officiant the state recognizes | Marriage may be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages. Verifying the officiant's authority in advance is important because a defective solemnization is one of the few errors the marriage code does not always cure retroactively. | - | At the ceremony |
| Return the signed marriage license to the issuing office | The officiant typically signs the license at the ceremony and returns it to the clerk within the statutory return window; the clerk then records the marriage and issues the certified marriage certificate. | - | After the ceremony |
Frequently Asked Questions
40. Confirming the exact dollar amount with the specific South Dakota issuing office before the application appointment avoids surprises at the counter, especially in states where multiple clerks issue licenses at different fee levels.
Not recognized unless the marriage was consented to and subsequently consummated prior to July 1, 1959. Where a state does still recognize common-law marriage, the elements (present-tense agreement to be married, cohabitation in the state, holding out as married) vary in detail, and a couple relying on the doctrine should document each element.
None. Couples planning a South Dakota ceremony should calendar the earliest lawful date from license issuance and book the ceremony on or after that day; a ceremony performed before the period runs is not a lawful marriage.
Other South Dakota guides
How to File for Divorce in South Dakota (2026)
Asset Protection Planning in South Dakota (2026)
Tenant Rights in South Dakota: Renting a New Property (2026)
Selling a House with Renters in South Dakota (2026)
Small Business Loan Guide for South Dakota (2026)
How to File a Small Claims Lawsuit in South Dakota (2026)
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